Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Police Deadly Force Bill Has Number, Community Policing Bill Also Introduced


Two bills were introduced to the Washington State Legislature on Wednesday. One would amend Washington State law governing the use of deadly force by law enforcement, and the other would establish a joint legislative task force on community policing standards.

Above: Artwork made of welded metal and found objects by John Vanek entitled Justice For All was gifted to the City of Olympia and is installed at the Lee Creighton Justice Center, the site of Olympia's former city hall. 

By Janine Gates

Proposed legislation to amend Washington State law governing the use of deadly force by law enforcement was introduced Wednesday morning to the Washington State Legislature as HB 2907.

The bill is prime sponsored by Representative Luis Moscoso (D-1), and co-sponsored by five others, including Olympia area Representatives Sam Hunt and Chris Reykdal (D-22).

The bill has been referred to the House Public Safety Committee for a hearing and can be read here:  http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/House%20Bills/2907.pdf

Community Policing Standards Legislation Introduced

Another bill on Wednesday was introduced, HB 2908, that establishes a 13 member joint legislative task force on community policing standards. Representative Cindy Ryu (pronounced Ree-oo), (D- 32), is the prime sponsor.

The bill has been referred to the House Public Safety Committee and can be read here: http://app.leg.wa.gov/billinfo/summary.aspx?bill=2908&year=2015.

In part, HB 2908 reads, “The legislature acknowledges that officers are often placed in harm’s way and must make decisions quickly while under extreme stress. Although regrettable in every case, the use of deadly force may sometimes be necessary to protect the safety of others. The legislature also recognizes that both the people of this state and law enforcement officers themselves rely on and expect accountability, the failure of which damages the public trust in those who serve the public honorably and with compassion.

“The legislature finds that the law of deadly force in Washington provides absolute protection for law enforcement in virtually all instances, above and beyond that which is reasonable and justifiable....It is the intent of the legislature to improve our deadly force law….”

The bill proposes to create the joint legislative task force to review known data regarding the use of deadly force by officers, review proposals and modifications to RCW 9A.16.040, evaluate the availability of body cameras and similar tools, review current police training curriculum and practices, evaluate public confidence in community policing practices and use of force policies in Washington and produce a preliminary report on its findings to Governor Jay Inslee by December 1, 2016.

Karen Johnson, chair of the Black Alliance of Thurston County, was pleased today about the introduction of the two bills.

“The Black Alliance of Thurston County sees supporting both bills as an opportunity because, as we know, changing the use of deadly force law is the strong foundation upon which all of the other systemic changes (data collection when civilians die at the hand of police officers, body cameras, implict/explicit bias, de-escalation training and the like) is built,” said Johnson.

“Let us build a strong foundation. We believe the more strategic, intentional, and collaborative we can be, the better. Please endorse HB 2907 and HB 2908. As Dr. King said, “the time is always ripe to do right,” she said.

According to a press release by the Black Alliance, thirty two local, regional, and statewide organizations to date have endorsed HB 2907: 

A. Philip Randolph Institute, Seattle Chapter, Art Forces, Behavioral Health and Wellness, the Black Student Union of The Evergreen State College (Tacoma Campus), Center for Justice, Church Council of Greater Seattle, Faith Action Network, Families United Against Hate, Interfaith Works, John T. Williams Organizing Coalition, Justice Not Jails, Latino Civic Alliance, League of Women Voters - Thurston County, Mothers for Police Accountability, Olympia Chapter of the Japanese American Citizens League, Olympia Coalition to Reform Deadly Force, Peace and Justice Action League of Spokane, Point Defiance Aids Projects/North American Syringe Exchange Network, Risen Faith Fellowship, Seattle Chapter of the National Association for the Advancement of Colored People (NAACP), Self Advocates in Leadership, Spokane NAACP, Standing Up to Racism, Tacoma-Pierce County Black Collective, The Arc of Washington State, The Justice Coalition of the Olympia Unitarian Universalist Congregation, The United Churches of Olympia, Washington State Commission on African American Affairs, Washington State Commission on Hispanic Affairs, Washington State Independent Living Council, Washington State National Organization for Women, and the YWCA Olympia.

Editor's Note, January 28: HB 2907 was going to the Judiciary Committee as originally stated in this article. It was then referred to the House Public Safety Committee. For up to date information and to track all bills, go to www.leg.wa.gov

For more information about the journey to this proposed legislation, the Black Alliance of Thurston County, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, body cameras, and other police related issues in Olympia, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search engine.

For more information about the Black Alliance of Thurston County, contact Dr. Karen Johnson at blackalliancethurstoncounty@gmail.com.

Changes to Police Excessive Force Law Proposed by Black Alliance of Thurston County


Above: As Governor Jay Inslee waits to speak, Dr. Karen Johnson, chair of the Black Alliance of Thurston County, speaks at Monday's Dr. Martin Luther King, Jr. celebration in Olympia. Nat Jackson, far left, a member of the Black Alliance of Thurston County, was the master of ceremonies. The Black Alliance of Thurston County has spearheaded the writing of state legislation that would change the law governing excessive use of deadly force by law enforcement in Washington State. 

Just before Dr. Karen Johnson was to speak in the Rotunda, the voice of Governor Inslee came over the public address system. Inslee was apparently giving a speech elsewhere in the building and the mechanical systems became crossed. After at least 15 minutes of interruption to the celebration and unsuccessful attempts to mute Inslee and restore the microphone in the Rotunda, the crowd started chanting, “Black Lives Matter! Black Lives Matter!” 

In an extraordinary turn of events, Reverend Vera Diggins, who had earlier lead the group in the Black National Anthem, lead the crowd in singing several verses of “We Shall Overcome!” The emotional tenor of the crowd changed and the public address system was somehow fixed, allowing Johnson to speak. Then, Governor Inslee, who arrived and was scheduled to speak, began his speech by saying, “The mission of equality cannot be drowned out!” to cheers from the crowd.

By Janine Gates

Proposed legislation written and spearheaded by members of the Black Alliance of Thurston County that would change excessive use of deadly force by law enforcement in Washington State has garnered a prime sponsor.

Washington State Representative Cindy Ryu, D-32, has agreed to sponsor the legislation. The bill, which does not have a number yet and is in the process of some last minute refining, would amend RCW 9A.16.040.

The South Sound area was jammed packed with celebrations and service events honoring Dr. Martin Luther King, Jr. on Monday. Dr. Karen Johnson, chair of the Black Alliance of Thurston County, announced the proposed legislation at a Martin Luther King, Jr. Day celebration held at the Washington State Capitol Building.

“We should all feel proud that we are one step closer to having a use of deadly force law that attacks our egregious state law, not the noble law enforcement officers who maintain the public safety of all Washingtonians,” said Johnson.

“There’s widespread recognition that our justifiable homicide statute is broken because it sets a higher bar than any other state in prosecuting officers who use deadly force without justification. Amnesty International calls Washington State’s law regarding use of deadly force as the “most egregious” in the nation. 

“The Black Alliance of Thurston County, in coalition and partnership with others…want to start the conversation around this issue….It is the right thing to do at the right time….We can pass a bill that is good for the people, the police, and the prosecutors of Washington State who seek public safety and accountability for all,” said Johnson.

Only Washington State law provides a defense against prosecution when a police officer acts “without malice and with a good faith belief that such act is justifiable.” Malice is defined in law as “evil intent.”

The proposed bill removes a subsection which contains the phrase “without malice and with a good faith belief,” an aspect which makes Washington's statute so unique.

To put Washington State law in line with the recommendations of a June 2015 Amnesty International report, “Deadly Force: Police Use of Lethal Force in the United States,”  the bill also clarifies language regarding use of deadly force against fleeing felons so it is clear that the risk to the officer has to be imminent.

The legislation is expected to be introduced on Tuesday or early this week. 

The bill's sponsor, Senator Cindy Ryu, represents Northwest Seattle, Shoreline, South Edmonds, Woodway, west Mountlake Terrace and Lynnwood. While serving as a Shoreline City Councilmember, Ryu was elected mayor in 2008, becoming the first female Korean-American mayor in the United States. Serving her third House term in the Washington State Legislature, Ryu is a Deputy Whip and co-chairs the Members of Color Caucus.

The Black Alliance of Thurston County hopes to have the bill passed and signed by Governor Jay Inslee during this short legislative session.

Above: Andre Thompson, middle, wearing hat, and his brother Bryson Chaplin, who was not in attendance at Monday's celebration, and their family was acknowledged and prayed for by Bishop Charlotte Petty of Risen Faith Fellowship. Thompson and Chaplin were shot by an Olympia police officer in May 2015. The officer who shot the brothers was not charged by the Thurston County prosecutor, who used the “without malice and with a good faith belief.....” defense for the officer, indicating that the shooting was justifiable.

Amnesty's Deadly Force Report

The Amnesty International report is primarily based on a state-by-state legislative survey of use of lethal force statutes within the United States.

According to Amnesty International, the United States has failed to track how many people are killed by law enforcement officers. No one knows exactly how many people are killed each year but estimates range from 400 to over 1,000.

Among its other findings:  

African Americans are disproportionately impacted by police killings, according to the limited data available.

The United States has failed to respect and protect the right to life by failing to ensure that domestic legislation meets international human rights law and standards on the use of lethal force by law enforcement officers.

All 50 states and Washington, D.C. fail to comply with international law and standards on the use of lethal force by law enforcement officers.

None of the state statutes require that the use of lethal force may only be used as a last resort with non-violent and less harmful means to be tried first.

No state limits the use of lethal force to only those situations where there is an imminent threat to life or serious injury to the officer or to others.

Nine states, including Washington, allow for the use of lethal force to be used to suppress a riot.

Twenty two states, including Washington, allow for law enforcement officers to kill someone trying to escape from a prison or jail.

Only eight states, including Washington, require that a warning be given, when feasible, before lethal force is used.

Twenty states, including Washington, allow for private citizens to use lethal force if they carry out law enforcement activities.

For more information about the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, Andre Thompson and Bryson Chaplin, and local groups working for racial justice, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

For more information about Amnesty International’s report “Deadly Force: Police Use of Lethal Force in the United States,” go to: www.amnestyusa.org/deadlyforce

Above: Names of Black loved ones lost to police violence are written in chalk outside the Washington State Capitol Building in Olympia. 

Ad Hoc Committee on Policing Meets Again

 

Above: Not everyone wants to attend a meeting in a government building. While the Ad Hoc Committee on Policing and Community Relations group has expressed a sensitivity to different communication styles and a desire to reach a variety of ages and cultures, the meetings thus far have not captured community interest. 

By Janine Unsoeld

The Ad Hoc Committee on Policing and Community Relations met again Monday night, this time at Olympia City Hall.

Their last meeting was September 9 at the Church of Living Water. About 13 people were in attendance at that meeting.

In order to appear more welcoming, the group paid attention to their physical presence. Without microphones or tables in front of them, members met in a semi-circle.

Only two members of the public were in attendance: Jim Johnson, a man who lives near the location of the police officer involved shooting that occurred on May 21, and Little Hollywood. 

Johnson expressed that he was disappointed with the continued low turnout at Ad Hoc Committee meetings. He also attended the September 9 meeting. He suggested that an Olympia-style potluck was in order to bring the community and conversation together to talk about the Ad Hoc Committee’s goals.

The group continued to discuss the logistics of their first community forum, which will be held on Saturday, October 10. The place and time is still to be determined. 

Committee member Alejandro Rugarcia said that he is not able to make the October 10 forum, and expressed a need to know in advance when future forums might be held.

The group explored several questions to pose to the public in a large plenary gathering. 

The proposed questions for the larger group were:

1.       Share your experiences with the Olympia Police Department;

2.       How can the Olympia Police Department build better understanding and trust with all people?

Proposed small group discussion questions were:

1.       How can the Olympia Police Department more effectively reach out to underrepresented people and groups in the community (ethnic or racial minorities, LGBT, homeless, crime victims, persons arrested or convicted of crimes)?

2.       The vision of the Olympia Police Department is to provide policing services through trust and partnership: a. What does that look like to you? b. How can the Olympia Police Department better meet your expectations for an ideal department?

3.       How can we help community members feel safe when interacting with the Olympia Police? How can we build trust and what are the barriers to trust?

Lt. Aaron Jelcick, an ex-officio member of the Ad Hoc Committee said there’s value in the whole group conversation and was not in favor of breaking up into small groups.
 
Ad-Hoc Committee member Clinton Petty said that the group is ignoring the young members of our community and expressed a strong desire to explore Washington State’s law about the use of excessive force.

“Something has got to be done about changing portions of this law,” said Petty.

Group co-chair Reiko Callner gave an overview of the law and suggested that the community may need a citizen’s law and policy forum about why it is difficult to bring criminal charges against a police officer in Washington State.

Group co-chair Curt Pavola distributed a draft list of who the city needs to engage in the conversation.

The group is expected to report to the Olympia City Council on October 20 with its progress.

The next Ad-Hoc Committee meeting day, time and location was not set. 

Above: Several broken windows at Olympia City Hall will cost at least $10,000 - $15,000 to replace.

Assault and Property Damage to City Hall

On Saturday evening, September 5, around 7:00 p.m. – 7:30 p.m., a group of individuals dressed in dark clothing near Percival Landing carried bats and golf clubs. Their faces covered with scarves, they marched through Fourth Avenue.

In an interview last Thursday with Olympia Police Department Lt. Aaron Jelcick, Jelcick said the police diverted traffic around State and Cherry, where a peaceful group was gathered.

The first group grew to about 50-60 people and converged on a man on a motorcycle with a Confederate Flag. The police received numerous 911 calls of the man being beaten and the situation became a riot. The man was taken to St. Peter’s Hospital where he was treated.

No one was arrested. The police are asking for help to identify the suspects, and can call (360) 753-8300 or Crimestoppers at 1-800-222-TIPS with any information.

“As we were responding to the assault, the same group continued on Fourth Avenue to City Hall. We were within a half block (of City Hall) but couldn’t prevent the damage. We used pepper ball guns and other impact weapons to quickly disperse the crowd….A lot of people don’t understand police tactics – we don’t just run into a crowd. It has to be organized…otherwise we put everyone at risk,” said Lt. Jelcick.

The damage to the windows at City Hall, which also houses the Olympia Police Department, is estimated to be between $10,000 - $15,000 dollars, said Lt. Jelcick. 

City manager Steve Hall confirmed tonight that the cost will be at least that much because the windows are not standard, and replacements will need to be custom made.

Above: Broken windows at Olympia City Hall, which also houses the Olympia Police Department, as seen late last week, will take time to replace.

Upcoming Events:

An Olympia Town Hall meeting on policing will be held Wednesday, October 14, 7:00 p.m., Traditions Café, on the corner of 5th and Water Street.

Several organizations involved in policing issues have been invited to participate including the YWCA, Students for Unity & Racial Justice (SURJ), Fellowship of Reconciliation (FOR), Media Island, Justice Not Jails coalition, Interfaith Works, Cop Watch, and the Ad Hoc Committee on Policing and Community Relations.


Several Ad-Hoc Committee members said they may be in attendance.

PSE Investigates Electrical Load of Olympia Marijuana Operation

 

By Janine Unsoeld

Puget Sound Energy has completed its investigation into electrical loading issues at a home in a northeast neighborhood in Olympia. The home is alleged by a neighbor to be used for a commercial marijuana grow operation, and not a collective garden as the resident says. 

The Thurston County Narcotics Task Force made an unannounced visit to the home on July 7 and found the marijuana operation in compliance with that of a state licensed collective garden.

The neighbor, Melinda Spencer, believes that recent utility line fires were caused by the operation next door to her home. Through telephone calls and emails since June, she requested information and assistance from city code enforcement, law enforcement, and Puget Sound Energy. Finally, she addressed the Olympia city council on August 18.

Amy Tousley, Puget Sound Energy's (PSE) municipal liaison manager and Bryan McConaughy, PSE senior local government representative, wrote a letter today to Olympia city manager Steve Hall and council members explaining their investigation and recommendations. The letter does not delve into the possible reason for the electrical loading issues.

In late August, PSE installed a volt recorder meter to conduct readings at Spencer’s home and that of her neighbor’s. 
 
The letter states that Spencer’s home readings were determined to be well within normal swing limits for electrical usage. 

The readings at the neighbor’s house,  “…indicated a steady state of electrical load with high fluctuations well above electrical tolerances. This type of usage demand does not allow the equipment to cool. Our investigation also determined that the existing 100 amp circuit panel for (the address) is not sufficient to...meet the load being placed upon the equipment. To meet the existing load, PSE recommends that the circuit panel be increased to a 300 amp meter base. It is PSE’s assessment that without improvements to the service line and circuit panel, existing and additional increases in electrical load will continue to affect the service….”

To address the load, PSE recommends the installation of a larger wire for the service, replacement of the mast-head and anchoring for the new service wire, and an upgrade of the circuit panel.

The customer is required to contact PSE Customer Construction Services to submit an application for a service upgrade. 

“If PSE were to make improvements to the service line without the masthead and circuit panel being upgraded, there will more than likely be continued service issues at this location including the potential for a structural fire.”

PSE has contacted the property owner to explain the issues associated with the service to the property, and has sent the customer living at the rental home a letter informing him of his options.  Those options are to obtain the services of an electrician and submit an application to PSE for improvements, curtail the additional load being placed onto the system, or disconnect the electrical service due to ongoing safety concerns.

The letter places the burden on the city to address the underlying issue or what may or may not be going on at the property in question, and suggests that the city request access to the home in order to ensure that any alterations to the existing circuit panel are compliant with code.

“We are also concerned about rumors of an expansion of the ancillary use to the detached structure on the parcel….We greatly appreciate our partnership with the City to ensure proper permits are obtained prior to any expansion occurring.” 

After city manager Steve Hall briefly reviewed the PSE letter with councilmembers, Councilmember Julie Hankins asked a couple of follow up questions about grow operations in a residential area, which prompted a longer conversation about referring the issue to the city's Land Use committee and the city’s Planning Commission for further review.

For more information about this case, go to Little Hollywood at www.janineslittlehollywood.blogspot.com, and use the search engine to type in key words. Three previous articles are dated August 18 and August 23, 2015.

Editor’s Note: Although Puget Sound Energy’s letter to the city manager and councilmembers mentions the address of the home in question, Little Hollywood is choosing not to print it. Little Hollywood initially printed it the evening of August 18, but chose to retract the address the next day. Little Hollywood does not believe the address is relevant, as the issue is one that is widespread throughout the city, and one that will need to be addressed.


Electrical Needs For a Marijuana Grow Operation

 

Above: Electrical lines at sunset in a northeast Olympia neighborhood off of Puget Street. 

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

On Friday, August 21, Little Hollywood sat down with representatives of Puget Sound Energy to discuss the Olympia case involving a marijuana grow operation in an Olympia northeast neighborhood. PSE has been in contact with both customers involved in the dispute.

Puget Sound Energy is responsible for the utility connections to homes and businesses.
 
Amy Tousley, municipal liaison manager for Thurston County, and Bryan McConaughy, senior local government affairs representative, discussed what they knew about the case, answered questions, and explained their next steps.

Puget Sound Energy has told the City of Olympia that the repair work done on a line after three utility line fires was safe, and that PSE was continuing to monitor the condition of the line. PSE concluded that the line fire cause was due to the age of, or damage to, the line.

Tousley said she will give the Olympia city council an update on the situation at their September 1 meeting.

“Our business is having a safe system…and to work closely with cities and counties to see what we can do to help them,” said Tousley. 

Above: The transformer in question in a northeast Olympia neighborhood.

According to PSE, a PSE employee made a service call to Melinda Spencer’s house and her neighbor’s several months ago because Spencer’s neighbor asked if he could pay PSE to upgrade the transformer. The tenant indicated that he didn’t think the service line or transformer serving the home could support the equipment used in his marijuana grow operation.

That PSE employee reported seeing a large number of marijuana plants, much more than what would be considered as a collective grow. The tenant also said to the employee that he intended to expand his operation to a detached garage.

The tenant never followed through with paying to have a larger transformer installed, so the original transformer, which serves six homes on the street, is still in place. In addition, the service line, which is sized for residential electrical loads, continues to serve that property.

On August 15, a volt recording meter was installed on the Spencer’s house. It measures voltage and amperage. The levels were normal at the Spencer’s house, and well within what is called a “voltage swing,” determined to be 114 - 126 volts.

On Thursday, August 20, a volt meter was installed on the neighbor’s house in question. The results will be available next Wednesday, August 26. The volt meter is put on the transformer right on the live line to get the best data available to see if that transformer is overheating. The volt meter data will measure whether or not too much load is being pulled through the wire, and whether or not the wire is too small.

“The transformer is large enough but the wire may not be because of what may be pulled through,” said Tousley.

If an upgrade is needed and if the wire needs to be changed out, then it is the customer’s responsibility. If the customer is a renter and the renter leaves, the property owner would bear that cost.

“Our lineman was taken to a detached garage and was told there might be an expansion into that structure. Whether or not that has already occurred, they have already disclosed their intention, and that would very much require more electricity,” said Tousley. 

“PSE is taking action on this. We are doing the monitoring and testing to make sure we provide ourselves the best information so we can find out what the next step is, otherwise, we’re just going to be making a lot of speculation based on what we think might be occurring….This is an issue we’ll be seeing more of throughout our region. It’s probably something we need to put together a team and say, ok, this is going to be happening…how are we going to address this? Do we encourage cities to add some code component, or request that they do, or defer to the cities and say it’s the cities’ responsibility? We need to figure that out….” said McConaughy.

Tousley said that the repair work that was done after the line fires may look a little like undone shoestrings, but its appearance is a standard method of splicing and repairing of the line.

Marijuana operations aren’t the only type of business that may draw more electricity. Beauty shops, automotive shops, small internet service providers, and radio stations are other examples commonly seen within a residential area. PSE has different customer classifications based on usage, but it is up the city to determine if a business is taking place within a home.

Asked how often PSE is responding to cases similar to this one, Tousley said it is happening more and more because they are wondering more often why their equipment is giving way.

“We’re becoming very familiar with this on the industrial side of the pot growing operations. Because they have to go through proper permitting to become an actual facility, we are usually brought into the loop earlier because some of these larger operations are 200,000 square feet, like the one in Lacey. There’s going to be a need for a couple megawatts of power. We actually have a special person inside PSE that works with these official businesses to help them through the process and make sure the load in our system is prepared to handle that...,said McConaughy.

As for the non-industrial side of the operation, McConaughy said, “We’re having to address a whole new scenario…(it’s) new case law, a brand new legal arena.” 

Above: Of course, fire was the first source of light, as the Olympic Mountain Family Fire Dancers demonstrated Sunday night at the Love our Local Fest event in Olympia's northeast neighborhood.

For more information about this case, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

Fast Tracking a Vision for Downtown Olympia under a Community Renewal Area Plan – Part One



Above: Fast-moving city council sponsored design workshops and discussions are generating a proposed vision for downtown Olympia. At an open house this coming July, the public will be invited to comment on just two downtown and isthmus-area scenarios.

By Janine Unsoeld

An active visioning process for downtown Olympia is well underway and almost nobody knows about it. The results of this vision for downtown Olympia could seriously influence the built environment of downtown Olympia.
The public is not scheduled to be included in the process until this coming July, when the community will be invited to comment on just two possible downtown and isthmus-area scenarios.

Keith Stahley, the City of Olympia community planning and development manager, says there may be a public outreach component added to the city's scope of work. The objective, he says, is to finish the Community Renewal Area process in 2014.
What’s a Community Renewal Area?

In 2011, the city formed an ad hoc Community Renewal Committee and changed the name of this committee to the Community and Economic Revitalization Committee (CERC) in February of this year to deal with downtown blight. This committee intends to deal with downtown blight through a community renewal area plan.
Under the Revised Code of Washington (RCW) 35.81, Community Renewal Law, the City of Olympia has started a process to develop a Community Renewal Area (CRA).

The intent of a Community Renewal Area is to combat blight, such as dilapidated, vacant buildings, and focus limited resources to create the greatest possible return on an investment. The city hopes to do this by creating a CRA and developing a formal community renewal plan.

RCW 35.81 has some potentially controversial elements. Washington State law prohibits the “lending of credit,” or transferring of public property to a private party. Olympia cannot acquire land and then turn it over to a private company for development purposes.
RCW 35.81, however, provides an option for cities to overcome this restriction as long as certain conditions are met and there has been a “sufficient community process” undertaken to ensure the need for the project.

The city has embarked upon this path and apparently considers the visioning process currently underway as “sufficient.”
With a CRA, the city will be able to acquire property, transfer city-owned property to private parties, improve properties for public or private use, perform rezones for particular properties regardless of the growth management or comprehensive planning cycle, and borrow money or apply for grants to carry out community renewal. And this is all for starters.

A CRA feasibility study was recently prepared by the consulting firm ECONorthwest and is being used to address the many challenges facing the revitalization of Olympia.
The Community and Economic Revitalization Committee (CERC)

A city Community and Economic Revitalization Committee is composed of Mayor Stephen Buxbaum, and city councilmembers Mayor Pro Tem Nathaniel Jones and Julie Hankins.
A grandly titled Citizen Advisory Committee (CAC) was chosen to advise the committee since June of 2013. The 30 plus member group has been meeting on a regular basis, fast-tracking a vision for downtown Olympia’s isthmus area, meeting several times in the past couple of months.

When asked about the citizen advisory committee membership, Stahley, said it was created by the city’s consulting team, ECONorthwest, “with input from the staff and the CERC to provide a balanced perspective on downtown redevelopment.”
With the help of consultants, the group’s visions for downtown Olympia will be distilled into two scenarios, which will be presented to the community for public involvement in July.

In addition to those two committees, several additional downtown property owners have been invited to participate in at least three recent Community Renewal Area urban design workshops held on March 6, April 5, and April 16. An earlier fourth meeting with property owners was held in February to frame the purpose and timing of the subsequent workshops. 
These property owners include representatives of the Olympia Yacht Club, Bayview, the Oyster House, Traditions Fair Trade, the Capitol Center Building, and ImageSource.

Above: Traditions Fair Trade is on the corner of 5th and Water Street with the nine story Capitol Center Building rising above it on the next block. In the March 6 city meeting with property owners, Ray LaForge, who has owned the building for 31 years, said he believes the building should be replaced. He says that it is no longer energy efficient and envisions a new structure facing Heritage Park and the fountain, but was adamant in saying that during potential changes, the economic viability of the tenants must not be harmed.

Letting the Chips Fall Where They May – The Vision of a Few
The players invited to create this vision for downtown reads like a Chamber of Commerce roster, with five organizations or groups being allowed two seats at the table, such as the Thurston County Economic Development Council, Thurston Regional Planning Council, the West Olympia Business Association, the Olympia Capitol Park Foundation, and the city Planning Commission.

Three seats are offered for downtown property owners, occupied by Camron McKinley, Erica Cooper, and Jim Morris.
Other invited organizations with one representative each include the Visitor and Convention Bureau, the Olympia Downtown Association, the Thurston County Chamber, the Port of Olympia, the Yacht Club, Intercity Transit, and Timberland Regional Library.

City advisory committees such as the Olympia Parking Business Improvement Area, and the Heritage Commission are also represented by one person each.
Other businesses or organizations invited are Olympia Federal Bank, Capital Recovery Center, and a social service position represented by Paul Knox, executive director of the local United Way.

The lone citizen at large position is held by Kris Goddard, who is listed as a member of a now defunct community group called Olympia 2020.
The consultant group is currently budgeted to accomplish its work at $155,000. Stahley says that an offsetting $25,000 grant from the Community Economic Revitalization Board is included in that amount.

Step One: Categorizing Downtown Properties
Property ownership continues to be cheap and easy in downtown Olympia, leading to a myriad of owners and visions that look like a crazy scene inside of a kaleidoscope.

Indeed, the community is still deeply divided on a cohesive vision for downtown.
Uncertainties around retail, housing, environmental hazards, old infrastructure such as aging water pipes, some older than 50 years, shoreline regulations, zoning, and sea level rise are just a few factors that keep private investors away from downtown.

At a March 6 CERC/CAC/property owners meeting, the group categorized downtown property parcels into categories for future land use: stable, redevelopment, and adaptive reuse.
Indicated by name cards, workshop participants were told where to sit at each table, as much as possible, to include a city councilmember, a planning commissioner, a city staff person, and assorted others.

Along 4th and 5th Avenues heading east into downtown, the checkerboard results considered Bayview grocery store to be stable, the former Kentucky Fried Chicken (now ImageSource) to be adaptive or re-developable; the now City of Olympia owned properties to be re-developable; the Olympia Yacht club to be stable and adaptive; the Capitol Center building and related properties to be adaptive and re-developable; the Oyster House property to be stable; and the City of Olympia owned Heritage Park fountain area stable.
The buildings bordered by Water Street and 4th and 5thAvenues, owned by three different entities, which includes Traditions Fair Trade, is considered re-developable property. 

Let’s Play!
On April 5 and April 16, the select group met at several tables for design workshops in city hall chambers. Using scissors, glue, and multi-colored pieces of paper, the purpose of the meetings was to create a vision for what many call the most valuable and visually spectacular six blocks of real estate in the country: downtown Olympia and the area known as the isthmus.

“You’d have to go far and wide to find land like this…it’s a world class piece. You all know that, if you can come together…it’s a remarkable piece…” gushed John Fregonese, a consultant also working with the city, at the April 5 workshop.
At the Saturday, April 5 workshop, Olympia councilmembers Stephen Buxbaum, Nathaniel Jones, and Julie Hankins participated, while councilmembers Cheryl Selby and Jeannine Roe sat in the back to observe the process or mill around during the discussions. Councilmembers Steve Langer and Jim Cooper did not attend.

Buxbaum and Hankins also participated with a make-up session on April 16 including several participants for those unable to attend the April 5 session. Several members of the public sitting in the back of the room at each of these meetings were not invited to participate or give comment.
The meetings are not officially audio or videotaped, but Walt Jorgensen, a Tumwater citizen, was seen in the back of the room videotaping the April 5 workshop.

The possibility of increasing building heights in downtown Olympia came up in at least two table groups.

Above: From lower left to right: Urban design workshop participants Rachel Newmann, city councilmember Nathaniel Jones, Allen Miller, Craig Holt, Max Brown, and Amy Buckler plan a vision for downtown Olympia on April 5.

April 5: Sample Table Discussion/Visioning Process
 
Quickly milling around the tables did not provide me a cohesive picture of the rationales being discussed for why the multi-colored pieces of paper were being placed where they were. I decided, with city manager Steve Hall’s permission, to become a potted plant on the side of a randomly selected table.

The table was represented by Councilmember Nathaniel Jones; city planner Amy Buckler; city Planning Commission chair Max Brown; Rachel Newmann, a member of the Heritage Commission; Allen Miller, attorney; and Craig Holt, representing the Olympia Downtown Association.
The paper chips: Red represented “mixed use.” Ochre represented “commercial.” Pink represented “employment.” Yellow represented “residential.” Blue represented “civic.” Green represented “open space.”

Some color “chips” were set aside off the map of downtown for the sake of quick resolution, and what was actually glued down to the map was heavily influenced by the desires of the individual participants of the table. 
Blank colored chips were provided for participants to write in their own ideas. And that they did. Four times, attorney Allen Miller repeated his desire during the course of the hour conversation that he wanted to see a big carousel down on the isthmus, and in the end, he got it.

Right off, Miller wanted a public restroom right next to Heritage Park Fountain, and he got it – a big one. Then, Miller wanted a museum in cooperation with the Squaxin Island Tribe. He got it.
Newmann wanted an amphitheater.

“I can see Olympia enjoying that on a summer night and in winter, it could be iced over and have it be an outdoor ice rink!”
Brown agreed, “You’ve got a show without a T.V.”

A daycare, library, and garden center were also discussed. No senior housing was wanted by the group “because the Boardwalk is nearby.”

A hotel/conference center? No.
A fitness center? “I can see it incorporated into something else, like a daycare,” said Jones.

An adult learning facility? “I can see TESC or St. Martin’s having a vision here…” said Jones.
A bookstore? “Put an asterisk on it,” said Jones.

Gateways such as monuments, bus shelters, crosswalks, and streetlights were discussed.
“What about the Yacht Club?” someone asked.

“I’m not sure if their location is tenable,” said Jones. They may need to move onto land due to sea level rise…Percival Landing may also apply. It may be extended on land.” The complications of the fact that all tidelands are leased by the state Department of Natural Resources were pointed out.
Newmann suggested that Bayview’s parking lot doesn’t need to be a surface lot and suggested it be turned into mixed use housing facing Budd Inlet.

“I think that’s a great concept…there’s a lot of hard surface on this property. I’m interested. That’s a good conversation to have,” said Brown.
Miller interrupted, saying he’s more interested in getting rid of blight.

Asked for his opinion, Holt said, “I have a hard time starting the discussion on the one big piece of nice property.”
Jones agreed with Newmann that the group needed to think of downtown in terms of its context, taking advantage of the setting.

“We need to exploit it in the most positive sense, what we’ve got here.”
Miller reminded the group that there’s a 35 foot height limit in this area.

“Whatever goes here should look nice 350 degrees…housing, retail….” said Newmann, pointing to the area currently occupied by Traditions.  

Jones pointed to the retail strip near the Heritage Park fountain lot. “Do we want it to stay retail?”
“I have no problem with Traditions staying. I could live with it,” said Miller.

People could get different kinds of mortgages if they live above their shop,” said Newmann.
The consultant stopped by to check on their work, and remarked on the big restroom placed next to the Heritage Park fountain. It took up the whole space where Da Nang restaurant, the Alano Club, and other businesses currently occupy.  Buckler said, “We like water,” but acquiesced, trimming it down to a tiny square.

“One block done!” someone in the group exclaimed at 10:45 a.m.
Next, the group tackled the block occupied by The Views on Fifth Avenue, also known as the Capitol Center Building, but better known as the nine-story “Mistake on The Lake.”

“There are concerns about how it can be reused…it’s a challenge…it could be lofts, mixed retail…” started Jones. “I don’t know…I don’t have a grand vision – it would be incredibly expensive to take down and rebuild.”
Miller said, “It’s blight, it needs to come down. We need a covered carousal, or an artesian well fountain. There used to be one in Capitol Lake that was capped. We need another draw.”

Brown: “Anchor fountains!”
Newmann said that in Missoula, there’s a carousal that is loved, where receptions and weddings are held. “It’s not just for kids.”

Holt said, “I’ve never considered that. The building needs to come down. I don’t know what it would cost to bring it down, and there’s a contamination issue….”
Brown called the question. Does anyone think it should stay in its current state?

No one did.
Brown said there needs to be a cohesive feel to the area.

“These two blocks need to match, or these two, or all of it,” he said, pointing to a couple blocks. “I’m going to say something that I think will get me into trouble. I think we need a height increase. Not 90, or 75, but maybe 42 feet….I like the idea of a live-work space….I’m not opposed to TESC downtown – I don’t think the isthmus is the right place. We need office space. I’ve heard people say (when they worked there), ‘It was the most beautiful place I’ve ever worked.’ We could bring in tech companies, family wage jobs or better!”
“And then we can bring back KFC!” exclaimed Holt.

“I don’t think Larida Passage was the greatest idea…” started Brown.
Newmann interjected. “It’s my turn – it’s a million dollar view! I understand Olympia is in dire straits but we need to put it in context. What does it mean for Olympia and the Capitol? People in Olympia voted and changed the council because we didn’t want to raise the height. The community is exhausted on that. Now we want to do something to maintain this. We could have attractive housing looking over Budd Inlet, looking out. I don’t think we need to give the best of Olympia away….”

“Think how drastically we could make things work if we had seven more feet,” mused Brown.
“What about an artist space?” asked Newmann. “A civic space? A plaza and place for people to bring people in after they walk around the lake. They need a place to duck into….an art space with TESC and the Squaxin Tribe….”

“We need revenue. It’s not huge revenue on its own. We need partnerships,” said Brown.
“I don’t think any developer is going to want to be down there with housing at 35 feet,” said Holt.

“I want a destination that brings people off of I-5, like the Hands On Children’s Museum on steroids,” said Jones.
“We need to touch the water. I want to see a corridor. I don’t care about the current street pattern,” said Newmann.

“We can do anything…” said Jones.
“Seventy percent of people would vote for a bond to bring that building down,” said Newmann.

“There’s no need for the CRA,” said Brown. “It sounds like what we’re getting at is a public purpose…This is an area where we have one shot at it,” said Brown.
Newmann again urged housing in the parking lot of Bayview and the Yacht Club looking toward the water.

The subject of more civic and park space was discussed.
“I don’t want pasture land. Being in Olympia, it rains a lot, it would create another marsh. I don’t mind a little green - we live in a climate that that doesn’t make it useful,” said Brown.

“What’s this?” Buckler picked an orange chip off the map. It was the hotel/conference center chip. It was taken off the map by quick consensus.
As time was called for the tables to wrap up, Buckler proceeded to glue down the chips the group had agreed upon, onto the map.

Above: Urban design workshop participant Jerry Reilly, a member of the Olympia Capitol Park Foundation, acts as spokesman to explain the rationale for his table's group vision. The table participants for this group included Reilly; Olympia city councilmember Julie Hankins, Ray LaForge, a business and property owner; Kris Goddard; and city paid group facilitator, Scott Fregonese.
 
Scenario Review

Holding up his table’s map for the group to inspect, Jerry Reilly asked the group to “suspend beliefs and assumptions.” His group, which included Councilmember Julie Hankins, featured a very large park, and some housing with retail below, to “preserve the area’s iconic views.”

Amenities included an electric trolley instead of DASH, a restaurant where ImageSource is, an extension of Percival Landing, and keeping Bayview, what he called “America’s most beautiful grocery store.”
Brown explained his table’s design and Thera Black, Thurston Regional Planning Council, offered her table’s design, which included a small boat launch where the current restroom is on Percival Landing near the Oyster House. Historically, one used to be there.

“Restore it, gain public access to the water, close off the road…extend Percival Landing, with a second place for public access by ImageSource, make a U-Turn in the parking lot, and create a new connection to Deschutes Parkway to help circulation…”
Lori Drummond, Olympia Federal Savings, offered her table’s design featuring a blocked off street, a parking garage with retail on the bottom, a second floor on Bayview, an amphitheater, kiosks, and a public market.

She said the group was neutral on ImageSource since it has 45 employees, “but if something could be worked out to move it, it could be a park with a fountain, widening Yashiro Street for a library….” Her group kept all the thoroughfares and extended Percival Landing, created a walkway under the bridge and a pedestrian overpass to the Westside, and kept the retail area on Water Street currently occupied by Traditions.
It was this group that also suggested that heights could be higher.

Multiple Layers involving Downtown


The city is currently involved in a variety of concurrent, multiple, overlapping master processes, i.e. Imagine Olympia, the Comprehensive Plan, the Shoreline Master Plan (which is now at the state Department of Ecology for review), and the upcoming Downtown Master Plan which will soon be undertaken by the Planning Commission.
Asked later how these all work together with the new downtown revitalization plan, Stahley said, “That remains to be seen. It depends on the outcome. Generally all of the documents you reference support the continuation of our downtown as a vital and central part of our community and our region. Each of these planning efforts helps to move us in that direction. The Community Renewal Area is primarily directed at the elimination of blight in downtown. The Saturday, April 5 workshop was an effort to start to define what shape that might take and to learn how to talk to one another.”
 

Next: Part Two - Fast Tracking a Vision for Downtown Olympia under a Community Renewal Area Plan

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